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Bar News - January 13, 2012


Supreme Court Orders

The Supreme Court of New Hampshire, pursuant to RSA 490:4, directs that proceedings in every State court in New Hampshire be suspended on Wednesday, March 7, 2012, to facilitate continuing judicial and legal education and to accommodate judges’ meetings being held in conjunction with the mid-year meeting of the New Hampshire Bar Association. A judge or master may decide not to suspend proceedings if the judge or master and the lawyers on a case do not plan to attend the mid-year meeting, or if the judge or master, in his or her discretion, decides that the efficient administration of the court or ensuring justice in a particular case compels that a case be scheduled for a hearing or trial, or that a hearing or trial continue to be litigated, on that day.

December 14, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Supreme Court Rule 37(4), the Supreme Court reappoints the following persons to the Hearings Committee of the Attorney Discipline System, to serve three-year terms commencing on January 1, 2012 and expiring on December 31, 2014.

James T. Boffetti, Esquire
Eric D. Cook, Esquire
Thomas J. Donovan, Esquire
William R. Drescher, Esquire
Mr. Craig F. Evans
Richard E. Fradette, Esquire
Melissa C. Guldbrandsen, Esquire
Jamie N. Hage, Esquire
Ms. Susan Palmer
George E. Wattendorf, Esquire
Daniel E. Will, Esquire

Attorney Boffetti is designated chair of the committee.

Dalianis, C.J., and Duggan, Hicks, Conboy and Lynn, JJ., concurred.
December 14, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(A)(7), the Supreme Court of New Hampshire approves, on a temporary basis, amendments to the following court rules.

I. Parental Notification Prior To Abortion

(RSA 132:32-36, effective January 1, 2012, requires parental notification before abortions can be performed on unemancipated minors. The statute provides that a minor may petition "a court of competent jurisdiction" for an order authorizing an abortion without notification. If a court denies the petition, the minor may file an expedited confidential appeal to the New Hampshire Supreme Court. The following rules amendments relate to the filing of a petition for waiver of parental notice prior to abortion in superior court, and for the filing of an appeal if the petition is denied).

1. Adopt Superior Court Rules 215-222, regarding petitions for waiver of parental notice prior to abortion pursuant to RSA 132:34, on a temporary basis, as set forth in Appendix A.

2. Amend Supreme Court Rule 7, regarding appeals from trial court decisions on the merits, on a temporary basis, as set forth in Appendix B.

3. Adopt Supreme Court Rule 7-B, regarding appeals from lower court decisions on parental notification prior to abortion, on a temporary basis, as set forth in Appendix C.

4. Adopt Supreme Court Rule 32-B, regarding counsel in appeals from lower court decisions on parental notification prior to abortion, on a temporary basis, as set forth in Appendix D.

5. Amend Supreme Court Rule 48, regarding counsel fees and expenses in other indigent cases, on a temporary basis, as set forth in Appendix E.

6. Amend Supreme Court Rule 48-A, regarding guardians ad litem fees in indigent cases, on a temporary basis, as set forth in Appendix F.

Effective Date

These amendments shall take effect on January 1, 2012, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: December 30, 2011
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


In accordance with the provisions of RSA 100-C:11, II, Chief Justice Linda S. Dalianis, with the advice and consent of Superior Court Chief Justice Tina Nadeau and Circuit Court Administrative Judge Edwin W. Kelly, reappoints Judge David D. King to the Judicial Retirement Plan Board of Trustees. Judge King is appointed to serve a three-year term expiring on August 4, 2014.

January 4, 2012
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


The Supreme Court, pursuant to Supreme Court Rule 51B(1)(c), hereby appoints Ralph D. Gault to the Advisory Committee on Rules, effective immediately. Mr. Gault is appointed to replace Edda Cantor, who has resigned due to other commitments.

Date: January 4, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire


Pursuant to RSA 71-B:2, the Supreme Court of New Hampshire hereby appoints Theresa M. Walker to the Board of Tax and Land Appeals, effective February 1, 2012. Ms. Walker is appointed to serve the remainder of a three-year term, which commenced on January 1, 2012, and ends on December 31, 2014.

January 5, 2012
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

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